Mithilesh Kumar Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26169 of 2015 Arising Out of PS.Case No. -151 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Mithilesh Kumar Das S/o Awadh Bihari Das R/o village - Madudabad, P.O. Mohiuddin Nagar ( R.S. ), P.S. Mohiuddin Nagar, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Punam Devi D/o Yogendra Das R/o village - Bishunpur Gaushi, P.S. Mahnar, District - Vaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Indra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the complainant apprehends his arrest in Complaint Case no.151 of 2014 in which cognizance has been taken of the offence punishable under section 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

Admittedly, the marriage of the complainant was solemnized in the year 2003 and the present case was filed in the year 2014 that is after 11 years of marriage. Furthermore, it is admitted position that complainant gave birth of three children out

Patna High Court Cr.Misc. No.26169 of 2015 (2) dt.16-07-2015 2/2 of the aforesaid wedlock. It would appear from perusal of the impugned order of learned Sessions Judge that the complainant refused to lead her married life with petitioner on the ground of solemnization of 2nd marriage by the petitioner and admittedly, the cognizance for the offences under section 494 of the Indian Penal Code has not been taken in this case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Sub - Divisional Judicial Magistrate, Vaishali at Hajipur in Complaint Case No. 151 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U T